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Restrictive covenants

Helping you achieve a favourable position with restrictive covenants

Employers use restrictive covenants (also known as post-termination restrictions) to limit what an employee can do after they leave an organisation. For example, typical scenarios include preventing a salesperson from getting in touch with clients for a fixed period of time, or preventing a software engineer from taking proprietary programming code to their new employer.

The consequences of breaching a restrictive covenant can be expensive and time-consuming, so the best approach is to understand it fully before agreeing. Unfortunately, the law surrounding restrictive covenants is complex and constantly evolving, so talking to a solicitor with expertise in this specialised field will help you to identify the full scope of its implications.

HOW WE HELP YOU

  • Our employment experts have extensive experience in both the employee and employer side of restrictive covenants.
  • If you feel a restrictive covenant is unreasonable or excessive, we may be able to negotiate a fairer one.
  • We can also help to resolve disputes that arise out of restrictive covenant breaches, particularly in limiting your financial liability.

IT'S GOOD TO BEAR IN MIND

  • Employment contracts often include restrictive covenants, so read your contract carefully before signing.
  • Unreasonable or excessive restrictions should be negotiated straight away. Don’t leave it until you are ready to leave the employer.
  • Remind yourself about any restrictions prior to seeking new employment. It’s worth contacting your solicitor about any recent changes to the law that may affect you.

Employment Team
Chris Cook
Chris Cook
Partner | Head of Employment

Keely Rushmore
Keely Rushmore
Employment Team | Senior Associate

Domonique McRae
Domonique McRae
Solicitor

Emma Gross
Solicitor

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Pooja Dasgupta
Trainee Solicitor

Laura Whipps
Laura Whipps
Legal Secretary

Louise Bodeker
Louise Bodeker
Paralegal

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